Mohammad Sultan v. State Of Punjab And Others

CRWP No. 7775 of 2023 2023:PHHC:101309

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP No. 7775 of 2023 Date of Decision: 07.08.2023 Mohammad Sultan ...PeƟƟoner

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Abdul Aziz, Advocate for the peƟƟoner.

Mr. Shiva Khurmi, AAG, Punjab.

**** ANOOP CHITKARA, J.

Fearing for life and liberty at the hands of the private respondents, the peƟƟoner, invoking the fundamental right of life guaranteed under ArƟcle 21 of the ConsƟtuƟon of India, has come up before this Court seeking protecƟon through the State. 2.

NoƟces served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of noƟces to the private respondent is required 3.

If the allegaƟons of apprehension of threat to life turn out to be true, it might lead to an irreversible loss. Thus, in the facts and circumstances peculiar to this case, it shall be appropriate that the concerned Superintendent of Police, SHO, or any officer to whom such powers have been delegated or have been authorized in this regard, provide appropriate protecƟon to the peƟƟoner for one week from today. However, if the peƟƟoner no longer requires the protecƟon, then at his request, it may be disconƟnued even before the expiry of one week. AŌer that, the concerned officers shall extend the protecƟon on day-to-day analysis of the ground realiƟes or upon the oral or wriƩen request of the peƟƟoner.

4.

This protecƟon is subject to the stringent condiƟon that from the Ɵme such protecƟon is given, the peƟƟoner shall not go outside the boundaries of the place of residence, except for medical necessiƟes, to buy household necessiƟes, and for bereavements in the families of the close relaƟves or close friends. This restricƟon saves the peƟƟoner from apprehended risk and ensures that the protecƟon is not flaunted. JYOTI 2023.08.07 15:00 I attest to the accuracy and integrity of this order/judgment.

CRWP No. 7775 of 2023 2023:PHHC:101309 5.

It is clarified that there is no adjudicaƟon on merits and that this order is not a blanket bail in any FIR. It is further clarified that this order shall not come in the way if the interrogaƟon of the peƟƟoner is required in any cognizable case. It shall also be open for the peƟƟoner to approach this Court again in case of any fresh threat percepƟon.

6.

This order shall eclipse aŌer fiŌeen days from today. 7.

As far as representaƟon dated 30.07.2023 (Annexure P-2) is concerned, counsel for the peƟƟoner submits that he would be contented and saƟsfied in case direcƟons may be issued to respondent No. 2 to decide the representaƟon dated 30.07.2023 (Annexure P-2) by passing speaking and reasoned order within a Ɵme bound manner. 8.

The prayer is not opposed.

9.

Let the representaƟon dated 30.07.2023 (Annexure P-2) be decided by the concerned Senior Superintendent of Police/Commissioner of Police, within two months, either himself/ herself or by authorizing and delegaƟng it to any officer holding IPS cadre. It is clarified that such order must be a reasoned order, and the same be communicated to the representaƟonists without delay. 10.

In case, the grievance of the peƟƟoner sƟll exists, he shall be at liberty to avail legal remedy in accordance with law including approaching this Court. 11.

There would be no need for a cerƟfied copy of this order, and any Advocate for the PeƟƟoner and State can download this order and other relevant parƟculars from the official web page of this court and aƩest it to be a true copy. The concerned officer can also verify its authenƟcity and may download and use the downloaded copy for immediate use.

PeƟƟon is allowed to the extent menƟoned above. All pending applicaƟons, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 07.08.2023 JyoƟ-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2023.08.07 15:00 I attest to the accuracy and integrity of this order/judgment.